TOPIC: FREEDOM OF ASSEMBLY

CIPRIANO P. PRIMICIAS vs VALERIANO E. FUGOSO, G.R. No. L-1800, January 27,

1948

FACTS:
Petitioner asked for a permit from the City Mayor to hold a public meeting at
Plaza Miranda for the purpose of petitioning the government for redress to grievances
but the respondent Mayor refused to grant such permit.
The reason alleged by the respondent (Mayor) in his defense for refusing the
permit is, "that there is a reasonable ground to believe, basing upon previous utterances
and upon the fact that passions, especially on the part of the losing groups, remains
bitter and high, that similar speeches will be delivered tending to undermine the faith
and confidence of the people in their government, and in the duly constituted
authorities, which might threaten breaches of the peace and a disruption of public
order."
Under the Revised Ordinances of the City of Manila (Sections 844, 1119, 1262)
Revised Ordinance penalizes as a misdemeanor, "any act, in any public place, meeting,
or procession, tending to disturb the peace or excite a riot; or collect with other persons
in a body or crowd for any unlawful purpose; or disturb or disquiet any congregation
engaged in any lawful assembly."

ISSUE:
Whether or not the Mayor is vested with unregulated discretion to grant or refuse,
to grant permit for the holding of a lawful assembly or meeting, parade, or procession in
the streets and other public places.

RULING:
No. The right of freedom of speech and to peacefully assemble and petition the
government for redress of grievances, are fundamental personal rights of the people
recognized and guaranteed by the Constitutions of democratic countries. The ordinance
does not confer upon the Mayor the power to refuse to grant the permit, but only the
reasonable discretion, in issuing the permit, to determine or specify the streets or public
places where the parade or procession may pass or the meeting may be held.
As the request of the petition was for a permit "to hold a peaceful public
meeting," and there is no denial of that fact or any doubt that it was to be a lawful
assemblage, the reason given for the refusal of the permit cannot be given any
consideration.
"It is only when political, religious, social, or other demonstrations create public
disturbances, or operate as a nuisance, or create or manifestly threaten some tangible
public or private mischief, that the law interferes.  
The reason given for the refusal of the permit cannot be given any consideration.
Fear of serious injury cannot alone justify suppression of free speech and assembly.
Men feared witches and burned women. To justify suppression of free speech there
must be reasonable ground to fear that serious evil will result if free speech is practiced.
There must be reasonable ground to believe that the danger apprehended is imminent.
There must be reasonable ground to believe that the evil to be prevented is a serious
one.